McGee Creek Project Pipeline and Associated Facilities Conveyance Act - Authorizes the Secretary of the Interior to convey to the McGee Creek Authority all U.S. rights to the pipeline and any associated facilities described in the Agreement Between the United States and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma. Excludes the mineral estate from the conveyance.
Provides that any rights and obligations under a specified contract between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project shall remain in force. Requires the Secretary to complete any actions required under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and the National Historic Preservation Act before such conveyance.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 376 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 376
To authorize the Secretary of the Interior to convey to the McGee Creek
Authority certain facilities of the McGee Creek Project, Oklahoma, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2009
Ms. Fallin (for herself and Mr. Boren) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to convey to the McGee Creek
Authority certain facilities of the McGee Creek Project, Oklahoma, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This act may be cited as the ``McGee Creek Project Pipeline and
Associated Facilities Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
numbered 06-AG-60-2115 and entitled ``Agreement Between the
United States of America and McGee Creek Authority for the
Purpose of Defining Responsibilities Related to and
Implementing the Title Transfer of Certain Facilities at the
McGee Creek Project, Oklahoma''.
(2) Authority.--The term ``Authority'' means the McGee
Creek Authority located in Oklahoma City, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSOCIATED
FACILITIES.
(a) Authority To Convey.--
(1) In general.--In accordance with all applicable laws and
consistent with any terms and conditions provided in the
Agreement, the Secretary may convey to the Authority all right,
title, and interest of the United States in and to the pipeline
and any associated facilities described in the Agreement,
including--
(A) the pumping plant;
(B) the raw water pipeline from the McGee Creek
pumping plant to the rate of flow control station at
Lake Atoka;
(C) the surge tank;
(D) the regulating tank;
(E) the McGee Creek operation and maintenance
complex, maintenance shop, and pole barn; and
(F) any other appurtenances, easements, and fee
title land associated with the facilities described in
subparagraphs (A) through (E), in accordance with the
Agreement.
(2) Exclusion of mineral estate from conveyance.--
(A) In general.--The mineral estate shall be
excluded from the conveyance of any land or facilities
under paragraph (1).
(B) Management.--Any mineral interests retained by
the United States under this Act shall be managed--
(i) consistent with Federal law; and
(ii) in a manner that would not interfere
with the purposes for which the McGee Creek
Project was authorized.
(3) Compliance with agreement; applicable law.--
(A) Agreement.--All parties to the conveyance under
paragraph (1) shall comply with the terms and
conditions of the Agreement, to the extent consistent
with this Act.
(B) Applicable law.--Before any conveyance under
paragraph (1), the Secretary shall complete any actions
required under--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(iii) the National Historic Preservation
Act (16 U.S.C. 470 et seq.); and
(iv) any other applicable laws.
(b) Operation of Transferred Facilities.--
(1) In general.--On the conveyance of the land and
facilities under subsection (a)(1), the Authority shall comply
with all applicable Federal, State, and local laws (including
regulations) in the operation of any transferred facilities.
(2) Operation and maintenance costs.--
(A) In general.--After the conveyance of the land
and facilities under subsection (a)(1) and consistent
with the Agreement, the Authority shall be responsible
for all duties and costs associated with the operation,
replacement, maintenance, enhancement, and betterment
of the transferred land and facilities.
(B) Limitation on funding.--The Authority shall not
be eligible to receive any Federal funding to assist in
the operation, replacement, maintenance, enhancement,
and betterment of the transferred land and facilities,
except for funding that would be available to any
comparable entity that is not subject to reclamation
laws.
(c) Release From Liability.--
(1) In general.--Effective beginning on the date of the
conveyance of the land and facilities under subsection (a)(1),
the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to any
land or facilities conveyed, except for damages caused by acts
of negligence committed by the United States (including any
employee or agent of the United States) before the date of the
conveyance.
(2) No additional liability.--Nothing in this subsection
adds to any liability that the United States may have under
chapter 171 of title 28, United States Code.
(d) Contractual Obligations.--
(1) In general.--Except as provided in paragraph (2), any
rights and obligations under the contract numbered 0-07-50-
X0822 and dated October 11, 1979, between the Authority and the
United States for the construction, operation, and maintenance
of the McGee Creek Project, shall remain in full force and
effect.
(2) Amendments.--With the consent of the Authority, the
Secretary may amend the contract described in paragraph (1) to
reflect the conveyance of the land and facilities under
subsection (a)(1).
(e) Applicability of the Reclamation Laws.--Notwithstanding the
conveyance of the land and facilities under subsection (a)(1), the
reclamation laws shall continue to apply to any project water provided
to the Authority.
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Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water and Power.
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